New change for some unauthorized immigrants

Unauthorized immigrant spouses, children and parents of U.S. citizens can now stay in the country while applying for legal status and for most of the application process instead of being required to go to their native country, sometimes for months, to apply for legal entry into the United States.

The change will go into effect March 4 and will keep some unauthorized immigrants from facing a catch-22 situation - leaving the country to apply and then being barred from re-entry because they had lived in the U.S. already without permission. The Department of Homeland Security filed the final rule in the Federal Register Wednesday, after review of more than 4,000 comments since the law was tweaked and posted for review in April by the Obama Administration.

The change was made to help citizens and their families avoid long periods of separation, according to the United States Citizenship and Immigration Service. The process could take months, even years, and some face being barred for up to a decade.

“The law is designed to avoid extreme hardship to U.S. citizens,” said Alejandro Mayorkas, director of USCIS. “The change will have a significant impact on American families by greatly reducing the time family members are separated from those they rely upon.”

It applies only to unauthorized immigrant immediate relatives of U.S. citizens who entered the country without permission. Those who entered the U.S. legally but who are out of status can already apply while on U.S. soil.

Here is how it changed:

Previously - Unauthorized immigrants were required to return to their native country and apply for legal entry from there. The wait time can be months-long. Once out of the U.S. many applicants face being barred from the U.S. because they had lived in the U.S. without permission. Some are eligible for emergency-waivers, but it depends on their circumstances.

Now - Unauthorized immigrants can apply for legal status while they are in the U.S. and can also apply for provisional unlawful presence waivers to avoid being barred from the country. The applicant would still need to return to their native country for the in-person interview. These visits are expected to be days or weeks long depending on the country of origin.